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Judge Blocks 'Jessica's Law' In California
by Michael Martinez
A federal judge in California on Wednesday blocked a ballot initiative to require sex offenders to be tracked electronically for life.
More than 70 percent of voters approved the mandate Tuesday, but U.S. District Judge Susan Illston said provisions of the initiative most likely are unconstitutional. The ballot measure was inspired by a Florida statute widely known as "Jessica's Law," after Jessica Lunsford, a 9-year-old who was kidnapped and murdered in 2005.
Implementation of the initiative will be delayed until the matter is resolved in court. A hearing has been scheduled for later this month.
A lawsuit filed Wednesday on behalf of an anonymous plaintiff argued that the measure would unfairly penalize convicts after they already have been punished for crimes. It also challenged on due-process grounds a provision that requires that offenders live at least 2,000 feet away from schools and parks.
Illston granted a request in the suit to place a temporary restraining order on the measure. Before her action, California was in line to become the 21st state to enact a version of Jessica's Law during the past two years.
Earlier this year, Gov. Arnold Schwarzenegger signed into law a series of bills containing provisions similar to those in the initiative, Proposition 83. But the ballot measure is considerably more stringent. For example, the laws signed earlier this year only would require offenders to wear global positioning devices while on parole.
In a statement, Andrea Lynn Hoch, Schwarzenegger's legal affairs secretary, said he is prepared to fight on behalf of the proposition in court later this month. Schwarzenegger sailed to victory Tuesday in his re-election race against Democratic State Treasurer Phil Angelides.
"The voters have spoken, and the governor will vigorously defend against the lawsuit so the implementation of this vital measure can go forward to protect Californians against the lewd acts of convicted felons," she said. "The governor's highest priority is protecting our citizens. Proposition 83 will provide California's families and children with numerous important safeguards from sexual predators who live in our communities."
Jill Levenson, a professor at Lynn University, told the Los Angeles Times that the residency restrictions in Proposition 83 might not help the state much to curtail sex crimes.
"These laws are popular because people assume sex offenders might be lurking in playgrounds, or watching children from their window, to gain access to victims,'' she told the newspaper. ''While that may be true in some cases, most molesters target children with whom they have a previous relationship, so residency restrictions really don't solve the problem of sexual abuse."
Videogame Foes Have Mixed Results In Election
The authors of recent bills in several states to prohibit sales of violent videogames to minors had mixed experiences during Tuesday's election.
In North Carolina, state Sen. Julia Boseman, a Democrat, easily warded off a challenge from Republican Al Roseman. She is the author of a bill that would make it illegal for vendors to disseminate graphically violent or sexually explicit games to customers younger than 18. The bill cleared several legislative hurdles in 2005, but lawmakers failed to act on it this year.
California Assembly Speaker Pro Tempore Leland Yee was successful in his bid for a state Senate seat. Yee will be the first Chinese-American state senator in California history. A videogame bill he authored last year eventually was signed into law, but it was blocked in federal court before it took effect.
Minnesota state Rep. Jeff Johnson, a Republican, did not fare as well. Lori Swanson, the state's Democratic Solicitor General, defeated Johnson in the race to replace outgoing Attorney General Mike Hatch, who lost his race against GOP Gov. Tim Pawlenty.
A federal judge this past summer blocked on constitutional grounds a videogame law written by Johnson. That bill would have imposed fines up to $25 on minors who attempt to purchase restricted games. Johnson, the current assistant majority leader in the Minnesota House, had thought his bill was tailored narrowly enough to withstand legal scrutiny.
Denver Panel To Probe E-Voting Woes
Denver Mayor John Hickenlooper on Wednesday announced plans to convene an investigative panel to examine e-voting problems that plagued the city's administration of Tuesday's election.
The panel, which Hickenlooper will co-chair with City Council President Michael Hancock, will scrutinize glitches that caused lines to swell in polling places throughout the city. Some election officials blamed the problems on human error and power failures. Voters in a few polling precincts waited in line for more than three hours.
In a statement, Hickenlooper said he was particularly disappointed that the election did not go smoothly because the city's Election Commission, along with state lawmakers, had worked to implement new policies to make the process easier for voters. This was the first year the state allowed voters to choose among "vote centers" instead of specifically assigned polling precincts.
"The very unfortunate irony is that the new federal laws and the commission's resulting vote-center model were supposed to make voting easier, more convenient and accessible for everyone." Hickenlooper said. "And while I greatly appreciated the patience and good spirits of the people I met standing in line on Tuesday, voting should never take that long or be that challenging."
Tennessee, Vermont Governors Get E-Health Slots
Tennessee Gov. Phil Bredesen and Vermont Gov. Jim Douglas on Monday were tapped by the National Governors Association to oversee the implementation of an initiative to boost the efficiency and effectiveness of health information technology projects in the states.
Bredesen and Douglas were named co-chairmen of the State Alliance for E-Health, a project that launched last month with the help of a $2 million award from the Health and Human Services Department. Under the program, the governors will help identify methods to implement health IT and to clear a path for the nationwide exchange of health information.
"States are taking the lead on a cutting-edge solution for an issue of national concern," Bredesen said in a statement. "Through the State Alliance for E-Health, we hope to build consensus for electronic health information-sharing that is cognizant of privacy concerns, addresses variations in state policies, and recognizes the importance of a dialogue among states and the private sector in the health IT arena."
Both Bredesen, a Democrat, and Douglas, a Republican, were easily re-elected Tuesday.
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